Newsroom
Austin Court of Appeals Rejects Constitutional Challenge to Workers’ Compensation Act
The Austin Court of Appeals has rejected an injured worker’s constitutional challenge to the Texas Workers’ Compensation Act. Normal Engel v. Texas Department of Insurance-Division of Workers’ Compensation; Commissioner Cassie Brown, in her Official Capacity; The...
SCOTX Accepts Certified Question from 5th Circuit on Pre-emptive Effect of State Human Rights Act on Common-Law Tort Claims
The Texas Supreme Court has agreed to consider a U.S. Fifth Circuit Court of Appeals certified question arising from an employee’s lawsuit against SMU University and other university employees alleging both statutory discrimination and common-law tort claims. In...
Dallas Court of Appeals Affirms Summary Judgment for Insurer in Hailstorm Case
The Dallas Court of Appeals has affirmed a trial court order rejecting homeowners’ contractual and extracontractual claims against an insurer who properly paid the amount of the appraisal award and potential statutory interest pursuant to the policy. Michael Knopp...
SCOTX To Review Chapter 74 Expert Report Decision from Fort Worth Court of Appeals
The Texas Supreme Court has granted review of a Fort Worth Court of Appeals decision dismissing a health care liability claim against an Arlington hospital based on an inadequate expert report. Jared Bush, Jr. v. Colombia Medical Center of Arlington Subsidiary,...
SCOTX Stays Another UIM Case In Which TC Refused to Sever and Abate and Quash Corporate Representative, Adjuster Depositions
The Texas Supreme Court has granted emergency relief staying depositions of an insurer’s corporate representative and adjuster in an underinsured motorist case in which the underinsured motorist’s liability has not been established. In re State Farm Mutual...
SCOTX Declines to Review Commercial Coverage Dispute Between Chemical Manufacturer and Insurer
The Texas Supreme Court has taken a pass on a Houston [1st] Court of Appeals decision affirming a summary judgment order in favor of commercial and excess insurers in a multi-million dollar dispute with a chemical manufacturer. Westlake Chemical Corporation v....
San Antonio Court of Appeals Upholds Lawyer’s Suspension for Mishandling Client Funds
The San Antonio Court of Appeals has affirmed a trial court order suspending an attorney’s license for 18 months for mishandling client funds. Ruth v. Commission for Lawyer Discipline (No. 04-23-00122-CV; July 24, 2024) arose from a grievance filed by Ruth’s client...
Divided Houston [14th] Court of Appeals Affirms Summary Judgment in Legal Malpractice Case
A divided panel of the Houston [14th] Court of Appeals has affirmed a trial court order granting a defendant attorney’s motion for summary judgment in a legal malpractice claim. Paula Forshee, PMF Solutions, LLC, and Catalyst Solutions, LLC v. Cynthia R. Levis...
SCOTX Accepts Review in Potentially Landmark Case Seeking to Hold Nonprofit Hospitals Vicariously Liable for Negligence of Employee Physicians
In a case in which the Texas Medical Association and Texas Hospital Association have taken opposing positions, the Texas Supreme Court has granted review of a Corpus Christi Court of Appeals decision holding that a nonprofit health organization that employs...
Houston [1st] Court of Appeals Mandamuses TC For Not Enforcing Forum Selection Clause
The Houston [1st] Court of Appeals has ordered a Harris County district court to dismiss a lawsuit based on a forum selection clause stipulating that disputes between the parties to a contract must be brought in North Carolina courts. In Re Apex Tool Group (No....
SCOTX Grants Review in Important Excess Insurance Policy Interpretation Case
In late 2022 we reported on a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following form” provision incorporating the terms and conditions of the primary policy clearly and unambiguously...
San Antonio Court of Appeals Affirms TC Denial of Motion to Compel Arbitration in Personal Injury Case
Bite Entertainment, LLC d/b/a Urban Air South San Antonio; UATP Management, LLC d/b/a Urban Air Adventure Parks; UATP IP, LLC; UA Attractions, LLC; and Allen Van Brocklin v. Jason Rene Treviño Jr. and Cassandra Nicole Lara, Individually and as Next Frieds of J.T.,...